I have been advised by my trustees solicitors that my civil claim for money against another has little merit. However before their involvement I was instructing another solicitor (before being made bankrupt). Because of the trustees solicitors involvement in this case the proceedings have been stayed. I now wish to commence with the claim and to act in person as the trustees solicitors do not wish to continue my claim. Is this allowed. I believe there is merit to my case and the trustees solicitors have not looked at my case in any detail and do not want to expend in the funding of my claim.
I have been advised by my trustees solicitors that my civil claim for money against another has little merit. However before their involvement I was instructing another solicitor (before being made bankrupt). Because of the trustees solicitors involvement in this case the proceedings have been stayed. I now wish to commence with the claim and to act in person as the trustees solicitors do not wish to continue my claim. Is this allowed. I believe there is merit to my case and the trustees solicitors have not looked at my case in any detail and do not want to expend in the funding of my claim.
Im afraid not, if the claim against another is for damage to your estate (ie rather than a personal one for say personal injury or some types of employment claim) and the action resulting in the claim occured prior to the bankruptcy then that claim vests with the trustee in bankruptcy, which basically means you do not have a claim at all anymore the trustee has a claim and they must decide whether to take it forward or not
The claim is against a landlord who unlawfully evicted me and retained my tools. Therefore the claim is for the sum of my tools which is around £40,000. As a result I was unable to work which resulted in my bankruptcy.
Is there a statute bar in prohibiting me in acting in person or does my trustee have discretion in allowing me to act as a litigant in person.
If I inform the court to commence proceedings what can my trustee do as I will not be incurring any expenses that will reduce any distribution of my assets to the creditors.
without getting into whether the claim is valid or not
you cannot start proceedings as it is not your claim, the claim (officially called a right of action) passed to the trustee like all your other assets and it now their claim and their choice if they pursue it, you would be making a false claim if you try to pursue it and would be wasting the courts time, not something they take kindly to.
How much were your total debts and how much did you owe to the landlord in total including all of the provisions of the contract you had with them
I do not owe the Landlord any money, however the landlord did seek a counter-claim for rent arrears for the value of my tools. However I have evidence to signify that the rent arrears are not excessive as claimed. The Landlord gave me time to pay but evicted me (by changing the locks) before this time had expired together with retaining my tools and other possessions.
The trustee are seeking their advice from their solicitor who are not persistent to pursue the case. Therefore would I have to convince the trustee to allow me to represent or act in person in these proceedings. If so what is the best way to do this.
Am I allowed to act for myself ?
Posted - 05 February 2012 : 13:59:23
